The coalition for clean and fair election Bersih has called on the police to drop its investigation against PKR’s would be Kajang by-election candidate under the Peaceful Assembly Act 2012.

In a statement, Bersih said that the constitutionality of the Act is still pending in court.

“Bersih is currently challenging the constitutionality of the Act in its counterclaim in the suit concerning the Bersih 3 rally, in which the police are demanding a compensation of RM112,000 from us for damage of police vehicles.

“Bersih will stand by Anwar Ibrahim or any candidate against any unconstitutional violation of their right to peaceful assembly,” it said in a statement.

It added that “selective” use of the Act against a by-election candidate undermines the fairness of the polls.

Berita Harian yesterday reported that police have opened investigation papers under the Act to probe Anwar over a campaign rally he hosted in Kajang.

This followed Election Commission chief Abdul Aziz Yusof’s remark that the EC cannot act as the campaign period will only commence on March 11.

In response, Anwar had said that although BN has yet to name a candidate, BN leaders have been actively campaigning for the coalition through statements in the media.

‘No such thing as voters overly-informed’

On this matter, Bersih said that although the campaign has not officially begun “there is no such thing as voters being overly informed”.

“Unofficial campaign before nomination cannot do voters any harm as they get more time to consider their option and the consequences of their choice,” it said.

However, it said the EC is “duty-bound” to act on any electoral misconduct even those outside the official campaign period.

“The EC is duty-bound to ensure the Kajang by-election, as any other election, to be free of bribery, treating, intimidation, outright vote-buying, hate speech against any social groups (be it ethnic, religious, linguistic, gender or lifestyle), smear campaigns, one-sided media reporting and violence,” it said.

It also clarified a report by The Malaysian Insider where Bersih was reported to have stated that both BN and PKR have contravened election rules by campaigning before March 11.

Chairperson Maria Chin Abdullah clarified that what she had said was that the EC was not being even-handed by singling out Anwar over the issue of early campaigning.

“Bersih calls upon all media to uphold the highest standard of professionalism in their reporting to ensure fairness to both the reported parties and the public,” it said.

Business radio station BFM has been barred from broadcasting its interview with PKR de facto leader Anwar Ibrahim on the Kajang by-election.

The interview was initially slated to be aired on the station’s Evening Edition, which is a drive-time programme.

It is understood that the Malaysian Communications and Multimedia Commission (MCMC) had ordered the station to can the interview.

However, it is still available for download on the station’s website.

It is normal practice for radio stations to submit a list of guests and topics for the MCMC’s reference.

It is also noted that this is not the first time that BFM has been barred by the MCMC from airing an interview.

Among other instances, the MCMC had ordered BFM not to air its interview with Irshad Manji, a Canadian book author who has drawn opposition from conservative Muslim groups due to her liberal stand on Islam.

BFM is a Klang Valley-based radio station that can be received in parts of Negri Sembilan and Malacca.

The station has built a reputation for its more liberal and bold approach towards business and current affairs reporting, which sets it apart from Malaysia’s ‘big three’ private radio groups – Media Prima Radio Networks, Star Publications (M) Bhd and AMP Radio Networks.

It was founded by Malek Ali and last year, 23 percent of its stakes were reported to have been acquired by The Edge Communications Sdn Bhd.